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DECREE No

DECREE No.79-CP OF DECEMBER 4, 1996 OF THE GOVERNMENT ON THE ESTABLISHMENT OF THE DEPARTMENT OF GEOLOGY AND MINERALS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to Decree No.74-CP of November 1st, 1995 of the Government on the functions, tasks, powers and organizational structure of the Ministry of Industry;

At the proposals of the Minister of Industry and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECREES:

Article 1.- To establish the Vietnam Department of Geology and Minerals on the basis of merging the Vietnam Department of Geology and the Department for Management of Mineral Resources.

The Department of Geology and Minerals of Vietnam is an agency under the Ministry of Industry, assists the Minister of Industry in performing the function of specialized geology and minerals State management, including: basic geological research and survey, mineral activities (prospection, exploration, exploitation and processing of minerals), protection of mineral resources; organization of basic geological-mineral research and survey and prospection of mines throughout the country.

The Vietnam Department of Geology and Minerals has the legal person status, its own seal, its operating fund provided by the State budget and its own account at the State Treasury.

The Department of Geology and Minerals is headquartered in Hanoi and has its affiliated units located in several localities.

Article 2.- The Vietnam Department of Geology and Minerals has the following main tasks and powers:

1. To elaborate and take part in the elaboration of legal documents on the management, protection, basic geological survey of mineral resources and mineral activities which shall be submitted by the Minister of Industry to the Government for promulgation or be promulgated by the Ministry of Industry according to its competence.

2. To elaborate and take part in the elaboration of the general plans, plans and policies on the basic geological research and survey and mineral activities, the development of the minerals exploiting and processing industry, so that the Minister of Industry shall submit them to the Government for approval.

3. To propose to the Minister of Industry to promulgate or promulgate according to its own competence the specialized economic-technical regulations, rules, criteria and norms regarding geology and minerals; to provide professional and technical guidance�s on the State management over geology and minerals to local Industrial Services.

4. To submit to the Minister of Industry for decision to grant, extend and withdraw permits for minerals prospection, exploration, exploitation and processing and allowing the return of the permits for mineral activities and allowing the transfer of the right to conduct mineral activities.

To propose to the Minister of Industry the areas to be permanently or temporarily banned to mineral activities and report on areas where noxious minerals are found so that the Ministry may decide according to its competence after obtaining written comments from State agencies competent to manage such areas and from the People�s Committees of provinces or cities directly under the Central Government.

To certify the authenticity of geological and mineral samples and documents and minerals to be sent abroad and for drawing up project feasibility studies.

5. Basing itself on the assigned tasks and plans, the Department shall organize and direct its dependent units in implementing the tasks and plans on basic geological and mineral research and survey, environmental geology, hydrological geology, construction geology, urban geology, rural geology, catastrophic geology, thermo-geology and mineral prospection.

To organize the application of scientific and technological advances to the basic geological survey and mineral activities.

To register, monitor and review the situation of geological and mineral activities throughout the country.

6. To evaluate and take part in the evaluation of projects, reports on the results of the basic geological-mineral survey and submit them to the Minister of Industry for approval or the Director of the Department for approval according to the authorization and assignment of responsibility by the Minister of Industry.

To take part in the evaluation of investment projects, plans and technical designs with regard to the mineral activities.

7. To keep, manage and use in accordance with the provisions of law all geological and mineral samples, data and information.

8. To undertake international cooperation in the field of geology and minerals. To represent Vietnam�s geological and mineral service to participate in international activities in the field of scientific and technological cooperation on geology and minerals.

9. To conduct specialized supervision and inspection on basic geological survey and mineral activities.

To take part in settling or settle within its own competence disputes, complaints and denunciations regarding the basic geological-mineral survey and mineral activities.

10. To popularize the legislation on geology and minerals among branches, localities and citizens and guide them in its enforcement. To coordinate with the law enforcement agencies and local authorities in the protection of mineral resources.

11. To manage and effectively use the financial sources and assets allocated by the State; to manage the investment projects on capital construction in accordance with the provisions of law and the mandate of the Ministry.

12. To manage the organizational structure, staff and organize the professional training and refresher courses for the officials and employees of the service.

Article 3.- The organizational structure of the Department of Geology and Minerals of Vietnam is composed of:

1. The Vietnam Department of Geology and Minerals is headed by its Director and a number of Deputy Directors assisting the Director. The Director shall be accountable to the Minister of Industry for the entire operation of the Department. The Deputy Directors shall be accountable to the Director for their respective domains assigned by the Director.

The Director and the Deputy Directors shall be appointed by the Minister of Industry.

2. The apparatus assisting the Director is composed of:

a/ The office and the specialized and professional divisions and sections.

The Minister of Industry shall concretely define the specialized and professional divisions and sections attached to the Department.

b/ The non-business units.

The Minister of Industry shall, after consulting the Minister-Chairman of the Government Commission on Organization and Personnel, specifically define the non-business units on the basis of rearranging and reorganizing the existing units.

3. With regard to State enterprises, the Minister of Industry shall consider and decide in accordance with the provisions of the Law on State Enterprises and other legal documents on establishing, splitting, merging and dissolving State enterprises.

Article 4.- This Decree takes effect from the date of its promulgation and replaces the provisions on the establishment of the Department for Management of Natural Resources and Minerals and the Department of Geology of Vietnam provided for in Item d, Clause 1, Article 3 of Decree No.74-CP of November 1st, 1995 of the Government on the functions, tasks, powers and organizational structure of the Ministry of Industry.

Article 5.- The Minister of Industry, the Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People�s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

Prime Minister

VO VAN KIET